Rules and directions for proceedings in the Confederate States Patent Office

RULES AND DIRECTIONS

POR

JP K (> C K K D 1 N Gh 8

IN THE

CONFEDERATE STATES

PATENT OFFK K

RICH M 0 2S J) :
l-NqaiRER BOOK AND JOB PRESS.

FT TTt.BR, WISK, ALLRQltK * awiTR.

1S61. j

IIULES AND DIRECTIONS

FOR

FROCEEDIISTG^S

IN THE

CONFEDERiTE STATES

PATENT OFFICE.

RICHMOND:

ENQUIRER BOOK AND JOB PRESS.

BY TYLER, WISE, ALLEQRE i SUITH.
1S61.

U.K.

IIULES AND DIRECTIONS.

The followinf]^ information and re f]^ illations are
mainly intended for the benefit of persons having
business with the Patent Office. They are designed
to be in strict accordance with the act of Congress
of May 21st, 1861 :

WHO IS ENTITLED TO A PATENT.

1. Any citizen of the Confederate States, or alien,
provided the Government of the latter has recognized
the independence of the Confederate States, and is
at the time in amity with them, may obtain a patent
for any invention or improvement made by him that
is new and useful.

2. The assignee of any invention may have the
patent issue to him directly ; but this is held to apply
only to assigness of entire interests ; so that although
when the inventor assigns his entire interest to two
or more a patent will issue to them jointly, still if
he yet retains a portion in himself, a joint patent
.will not be issued to him and them.

3. In case of the death of the inventor, the patent
will issue to his legal representives. (Sec. 9.)

4. Joint inventors are entitled to a joint patent ;
but neither can claim one separately.

5. If the inventor be a slave, his master may
make the oath in his stead ; and, on complying with
the requisites of the law, may obtain a patent.

OF PATENTS GRANTED BY TILE UNITED STATES.

6. Patents granted to citizens of the Confederate
States by the United States, prior to the 21st of May,
1861, may be revived and continued in force for the
term for which they were issued yet unexpired, by
having them recorded in this office within nine months
from the publication of the patent law, namely : the
28th day of May, 1861. (Sec. 49.)

The holders of such patents are, however, required,
in order to entitle themselves to the benefit of this
section of the law, to pay a duty of twenty dollars,
the cost of recording, at the rate of ten cents per
every hundred words, and to deposit such descriptive
drawings, and a model also, if necessary, as will ex-
plain and identify the inventions covered by the pa-
tent.

The drawing should be a copy of that annexed to
the patent, and on thick drawing paper.

It must be understood that this provision of the
law does not apply to patents that have been extended
beyond the term of fourteen years by the United

States Government. An extended patent cannot be
revived.

It is recommended to those who desire to revive
their patents, that no time be lost in fulfilling the
conditions above indicated.

As soon as they are recorded, the patents placed
in this office for that purpose will be returned to the
owners thereof, certified as the law directs.

WHAT WILL PREVENT THE GRANT OF A
PATENT.

7. Even although the applicant has, in good faith,
actually made an invention, a patent therefor will
not be granted him, if the whole or any part of what
he claims as new had before been patented or described
in any printed publication in this or any foreign
country ; or even if it had before been invented or
discovered in this country ; or if he has once aban-
doned his invention to the public ; or if with his
consent and allowance, it has been for more than
two years in public use or on sale. (Sees. 6 and 7.)

8. The mere fact of prior invention or discovery
abroad will not prevent the issue of the patent, un-
less the invention had been there patented or de-
scribed in some printed publication ; nor will the
procurement of a patent by any individual in a for-
eign country and the publication of the same, defeat

ti /\0 <^ ri A

his application for a patent in this country, if his
specifications and drawings shall be filed within six
months after the date of said foreign patent. —
(Sec. 8.)
MODE OF PROCEEDINGS TO OBTAIN A PATENT.

9. The application must be made by the actual
inventor, if alive — unless he be a slave — even
though the patent is to issue to the asignee ; but
where the inventor is dead, the application and
oath may be made by the legal representive. —
(Sec. 9.)

10. The application must be in writing, signed
by the applicant, and addressed to the Commission-
er of Patents.

The following, varied according to circumstances,
will answer the purpose.

PETITION.
To the Commissioner of Patents :

The petition of John Smith, of Mobile, county of
Mobile, and State of Alabama,

Respectfully rej^resents^ that your petitioner has in-
vented a new and improved mode of preserving
meats, which he verily believes has not been known
or used prior to the invention thereof by your peti-
tioner. He therefore prays that letters patent of

the Confederate States may be granted to him there-
for, vesting in him and his legal representatives the
exclusive right to the same, upon the terms and con-
ditions expressed in the act of Congress, in that
case made and provided ; he having paid twenty dol-
lars into the Treasury, and complied with the other
provisions of said act. John Smith.

SPECIFICATION.

11. The applicant must set forth in his specifica-
tion the precise invention for which he claims a pa-
tent. If claimed as a mere improvement on another
invention, that fact should be clearly stated ; and if
claimed as substantially differing from another in-
vention with wdiich it appears to be coincident, the
difference must be clearly pointed out.

12. Two or more machines will not be allowed to
be the subject of one patent, unless connected in
their design and operation.

13. The specifications must be signed by the in-
ventor (or by his executor or administrator^ if the
inventor be dead, or by his master if he be a slave).
It should describe the sections of the drawings —
where there are drawings — and refer by letters and
figures to the different parts. The following may
be taken as a proper form :

To all whom it may concern :

Be it known, That I, James Jones, of Richmond,
in the county of Henrico, in the State of Virginia,
have invented a new and improved mode of prevent-
ing the explosion of steam boilers ; and I do hereby
declare that the following is a full and exact descrip-
tion thereof, reference being had to the accompany-
ing drawings, which make a part hereof, and to
the letters of reference marked thereon. The na-
ture of my invention consists in providing the
upper part of a steam boiler with an aperture in
addition to that for the safety valve ; which aper-
ture is to be closed by a plug or disk of alloy, which
will fuse at any given degree of heat, and permit
the steam to escape, should the safety valve fail to
perform its functions.

To enable others skilled in the art to make and
use my invention, I will proceed to describe its
construction and operation. I construct my boiler
in any of the usual forms, and apply thereto gauge
cocks, a safety valve, and the other appendages of
such boilers; but in order to obviate the danger
arising from the adhesion of the safety valve, and
from other causes, 1 make a second opening in the
top of the boiler, similar to that made for the safety
valve, as shown at A, in tke accompanying draw-

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ing ; and m this opening I insert a plug or disk of
fusible alloy, securing it in its place by a metal
ring and screws, or otherwise. This fusible metal
I in general compose of a mixture of lead, tin and
bismuth, in such proportions as will insure its melt-
ing at a given temperature, which must be that to
which it is intended to limit the steam ; and will
of course vary with the pressure the boiler is in-
tended to sustain.

I surround the opening containing the fusible al-
loy by a tube B, intended to conduct off any steam
that may be discharged therefrom. When the tem-
perature of the steam in the boiler rises to its as-
signed limit, the fusible alloy will melt and allow
the steam to escape freely, thereby securing the
boiler from all danger of explosion. What I claim
as my invention, and desire to secure by letters pa-
tent, is the application to steam boilers of a fusible
alloy, which will melt at a given temperature, and
allow the steam to escape, as herein described,
using for that purpose the aforesaid metalic com-
pound, or any other substantially the same, and
which will produce the intended effect.

James Jones.
Witnesses :

RoBT. Fulton.
Oliver Evans.

10

When the application is for a machine, the speci-
fication should commence thus :

Be it known, That I, , of

in the county of
and State of , have invented a

new and useful machine for (state the use and title,
of the machine ; and if the application is for an im-
provement, it should read thus : a new and useful
improvement on a, or on the machine, &c., &c.,) : and
I do hereby declare that the following is a full, clear
and exact description of the construction and opera-
tion of the same, reference being had to the annexed
drawings, making a part of this specification, in
which figure 1 is a perspective view ; figure 2, a
longitudinal elevation ; figure 3, a tranverse sec-
tion, &c. (Describe all the sections of the drawings,
and then refer to the parts by letters.) Then fol-
lows the description of the construction and opera-
tion of the machine. And lastly, make the claim,
which should express the nature and character of
the invention, and identify the parts claimed sepa-
rately or in combination. If the specification is
for an improvement, the original invention should be
disclaimed,and the claim confined to the improvement.

14. The specification must be signed by the in-
ventor, and attested by two witnesses. (Sec. 6.)

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15. The applicant must then make oath or affir-
mation substantially as follows :

OATH.
•City and county of Mobile, State of Alabama, ss :

On this day of 186 ,

before me, the subscriber, a , per-

sonally appeared the within named Amos Appleton,
and made solemn oath (or affirmation) that he verily
believes himself to be the original and first invent-
or of the mode herein described for preventing the
decay of wood, and that he does not know or believe
the. same was ever before known or used ; and that
he is a citizen of the Confederate States of America,

(Signed) C S^^^ — ,

Justice of the Peace.

16. The oath may be taken before any person
authorized by law to administer oaths.

17. When the oath is taken in a foreign country^
it may be taken before any minister plenipotentiary^
charge d'affaires, consul or commercial agent hold-
ing commission under the government of the Con-
federate States, or before any notary public of the
country in which the oath is taken, being attested
in all cases by the proper official seal ; and provided
always the foreign state in which the oath is taken
shall have recognized the independence of the Con-

12

federate States, and shall be at the time in amity
with them. (Sec. 31.)

DRAWINGS AND MODEL.

18. The drawings required by law, (Sec 6) should
generally be in perspective. Such parts as cannot
be shown in perspective must, if described, be repre-
sented in plans, sections or details.

19. Duplicate drawings are required. They
should be neatly executed on sheets separate from
the other papers — from sixteen to eighteen inches
from top to bottom, and not less than thirteen across,
nor more than twenty-five, unless more space is ne-
cessary to exhibit the device or machine with clear-
ness. One of these drawings, which is to be kept
in the office for reference, should be on stifi* drawing
paper. The other, which is to be attached to the
patent, should have a margin of at least one inch
for that purpose on the right hand side, and should
be on some material that will bear folding and trans-
portation. Each part should be distinguished by
the same number or letter, wherever that part is de-
lineated in the drawings, and should be referred to
in the specification by such number or letter. These
drawings should be signed by the applicant, and at-
itestcd by two witnesses.

i2(). The model must be neatly and substantially'
made of durable material, and not more than one

I

13

foot in length or height, except where a larger mo-
del is permitted, for special reasons, to be shown by
the applicant. Models filed as exhibits, in interfe-
rence and other cases, should also, if practicable,
conform to this rule as to size. Should they exceed
this limit, they will not be preserved in the office
after the termination of the case to which they be-
long. If made of pine or other soft wood, they
should be painted, stained or varnished. A work-
ing model is always desirable, in order to enable the
office fully and readily to understand the precise
operation of the machine. The name of the inven-
tor, and also of the assignee (if assigned), must be
fixed upon it in a permanent manner.

A model will be required in all cases which ad-
mit of a representation by model, unless the applica-
tion is for a design. (Sec. 6.)

21. When the invention is of a composition of
matter, a specimen of the ingredients and of the
composition which the law requires, (Sec. 6,) must
accompany the application, and the name of the in-
ventor and assignee (if there be one) must be per-
manently affixed thereto.

22. Models or specimens forwarded without a
name, are liable to be lost or mislaid, as they cannot
be entered upon the record.

14

23. No application can be examined^ nor can the case
he placed upon the files for examination, until the fee
is paid, and the specification, petition, oath, drawings,
and model or specimen (when required) are filed.

24. The following persons are appointed agents
to receive all moneys to be paid into the office, on
applications for patents or otherwise :

The Assistant Treasurers of the Confederate States.
The Collector of the port of Mobile, Alabama.
The Collector of the port of Savannah, Ga.
The Collector of the port of Wilmington, N. C.

25. Models, specimens, and every other thing per-
taining to applications for patents, must be forward-
ed at the expense of the applicant. The cost of
transportation end the postage will in no case be de-
frayed by the office.

OF THE EXAMINATION.

2G. Applications will be examined and disposed
of, as far as practicable, in the order in which they
are completed. When, however, an invention is
■deemed of peculiar importance to some branch of
the public service, and when for that reason the head
of a department of the Government specially re-
quests immediate action, the case will be taken up
out of its order.

27. A specification cannot be amended in any

15

material part, unless there is something to amend
by — that is to say, it can only be so amended as to
cause it to correspond with the drawing or model. —
A similar rule will be enforced in regard to amend-
ments of the drawings or model.

28. The personal attendance of the applicant at
the patent office is unnecessary. The business can
be done by correspondence or by attorney. But no
person will be recognized as an attorney until he
files in this office a power of attorney from the appli-
cant he wishes to represent. All correspondence
must be addressed to the Commissioner.

29. When an application has been finally decided,
the office will retain the original papers, furnishing
the applicant copies — if he desires them — at the rate
of 10 cents the hundred words.

30. If a patent is granted, it will be transmitted
to the patentee or his agent, in case he has a full
power of attorney authorizing him to receive it.
RETAINING PATENTS IN THE SECRET ARCHIVES.

31. No application upon which a patent has been,
ordered to issue, shall be retained in the secret ar-
chives of the office more than six months from the
day on which the patent was ordered to issue. The
request to have the patent placed in the secret ar-
chives must in all cases be made by the patentee or

16

the assignees of all the interest therein, in writing,
and filed with the Chief Clerk, before the patent shall
be recorded. On like request and the payment of
the fee by any applicant, his specification and draw-
ings will be filed in the secret archives of the office
until he shall furnish the model and the patent be
issued, not exceeding, however, the term of two
years, the applicant being entitled to notice of in-
terfering applications. (Sec. 8.)

OF APPEALS.

32. After a case has been once rejected, the ap-
plicant may have a second examination by renewing
his oath, either with or without an alteration of
his specification. But such alteration must be in
accordance with rule 27.

33. After a second rejection, the applicant may
bring the case before the Commissioner in person,
and if still dissatisfied, may appeal to the Attorney
Greneral.

34. The mode of appeal will be by giving notice
thereof to the Commissioner, filing in the Patent
Office, within such time as the Commissioner shall ap-
point, the reasons of appeal, and paying to the Com-
missioner the sum of twenty-five dollars. (Sec. 7.)

17

OF INTERFERENCES.

35. When two or more persons claim to be the
first inventors of the same thing, an "interference"
will be declared between them, and a trial be had
before the Commissioner. Nor will the fact that
one of the parties has already obtained a patent,
prevent such an interference. For although the
Commissioner has no power to cancel a patent al-
ready issued, he may, if he finds that another person
was the prior inventor, give him also a patent, and
thus place them on an equal footing before the
courts and the public. (Sec. 8.)

36. Upon the declaration of an interference a day
will be fixed for closing the testimony, and a further
day fixed for the hearing of the cause. Previous to
this latter day the arguments of counsel must be
filed, if at all.

37. If either party shall wish a postponement of
either the day for closing the testimony or the day
of hearing, he must before the day he thus seeks to
postpone has passed, show by" affidavit a sufficient
cause for such postponement.

OF REISSUES.

38. A reissue will be granted to the original pa-
tentee, his heirs or assigns, when by reason of an
insufficient or defective specification, the patent is

2

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invalid, provided the error has arisen from inadver-
tence, accident or mistake, without any fraudulent
or deceptive intention. (Sec. 12.)

39. Whatever is really embraced in the original
invention, and so described or shown that it might
have been embraced in the original patent, may be
the subject of a reissue.

40. The reissued patent expires at the time the
original patent would have expired. For this reason
such applications will be acted upon as soon as they
are completed.

41. In all cases of applications for reissues, the
original claim is subject to re-examination, and may
be revised and restricted in the same manner as ori-
ginal applications. (Sec. 20.)

42. But in all such cases, after the action of the
office shall have been made known to the applicant,
if he prefers the patent originally granted to that
which will be allowed by the decision of the office,
he will have the privilege of abandoning the latter
and retaining the old patent.

43. The following is an appropriate form of appli-
cation for a reissue :

SURRENDER OF A PATENT FOR REISSUE.
To the Commissioner of Patents :

The petition of Samuel Prague, of Jackson,. in the
county of Hinds, and State of Mississippi, I

I

19

Respectfully represents, That he did obtain letters
patent of the Confederate States for an improvement
in railroad chairs ; which letters patent are dated on
the first day of August, 1861 ; that he now believes
the same to be inoperative and invalid, by reason of
a defective specification, which defect arose from in-
advertence and mistake. He therefore prays he may
be allowed to surrender the same, and requests that
new letters patent may issue to him for the same in-
vention for the residue of the period for which the
original patent was granted, under the amended spe-
cification herewith presented, he having paid twenty
dollars into the Treasury of the Confederate States,
agreeably to the requirements of the act of Congress
in that case made and provided.

Samuel Prague.

FORM OF OATH TO BE APPENDED TO APPLI-
CATIONS FOR REISSUES.

City of Jackson, County of Hinds,

and State of Mississippi, ss :
On this day of

186 , before the subscriber, a , per-

sonally appeared the above named Samuel Prague,
and made solemn oath (or affirmation) that he V3rily
believes that by reason of an insufficient or defective
specification, his aforesaid patent is not fully valid

20

and available to him, and that ths said error has
arisen from accident, inadvertence or mistake, and
without any fraudulent or deceptive intention, to the
best of his knowledge and belief.
Signed,

OF DISCLAIMERS.

44. Where, by inadvertence, accident or mistake,
the original patent is too broad, a disclaimer may be
filed either by the original patentee or by any of his
assignees. (Sec. 19.)

45. The following is a sufficient form for a dis-
claimer :

To the Commissioner of Patents :

The petition of Alfred Lewis of Pas-
cagoula in the county of Jackson, State of Missis-
sippi,

Respectfully represents, That he has, by assignment,
duly recorded in the patent office, become the owned
of a right for the State of Mississippi, to certain
improvements in the steam engine, for which letters
patent of the Confederate States were granted to
Hilaire Krebs, of the town, county and State afore-
said, dated on the first of August, 1861 ; thathehaj
reason to believe, that through inadvertence and mis

21

take, the claim made in the specification of said let-
ters patent is too broad, including that of which the
said patentee was not the first inventor. Your pe-
titioner therefore hereby enters his disclaimer to that
part of the claim in the aforenamed specification,
which is in the following words, to-wit : *' I also
claim the particular manner in which the piston of
the above described engine is constructed, so as
to insure the close fitting of the packing thereof to
the cylinder, as set forth; which disclaimer is to
operate te the extent of the interest in said letters
patent vested in your petitioner, who has paid ten
dollars into the Treasury of the Confederate States,
agreeably to the requirements of the act of Congress
in that case made and provided.

Alfred Lewis.

When the disclaimer is made by the original pa-
tentee, it must be so worded as to express that fact.
OF DESIGNS.

46. In making an application for a patent for a
design, the same course is to be pursued as in case
of an application for patenting a machine ; but it
may be for a term of three and one-half years, the
fee being ten dollars ; or for a term of seven years,
the fee being fifteen dollars ; or for a term of four-
teen years, the fee being twenty dollars. If the de-

22

sign can be sufficiently represented by a drawing,
no model is requisite in making an application for a
patent therefor.

47. The following, or equivalent forms, will be
sufficient in applications for designs :
FORM OF APPLICATION.

The petition of Sylvester Churchill, of New Or-
leans, in the parish of Orleans and State of Louisiana,

Respectfully represents, that your petitioner has pro-
duced or invented a new and original design for a
composition in alto-relievo (or for a bust, statue or
bass-relief or other thing, as the case may be,) which -
he verily believes has not been known prior to the
production thereof by your petitioner. He therefore
prays that letters patent of the Confederate States
for the term of years, may be granted to

him therefor, vesting in him and his legal represen-
tatives the exclusive right to the same, upon the con-
ditions expressed in the act of Congress in that case
made and provided, he having paid
dollars into the Treasury, and complied with the.
other provisions of said act.

Sylvester Churchill.
FORM OF SPECIFICATION.
To all whom it may concern :

Be it known, That I, Sylvester Churchill, of the

I

23

city of New Orleans, in the parish of Orleans, and
State of Louisiana, have produced or invented a
new and original design for ; and I

do hereby declare, that the following is a full and
exact description of the same.

[ Here folloAVS a description of the design, with
reference to the specimen or drawing, the specifi-
cation to conclude with declaring what the inventor
claims.]

Sylvester Churchill.
Witnesses :

Hannon Jones.

Wm. Elder.

FORM OF OATH.

City of New Orleans,

Parish of Orleans, State cf Louisiana, ss:

On this day of 186 , before the

subscriber, a , personally ap-

peared the within named Sylvester Churchill, and
made oath (or affirmation) that he verily believes
himself to be the original and first producer or in-
ventor of the design for , and
that he does not know or believe that the same was
ever before known or used, and that he is a citizen
of the Confederate States.

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OF FOREIGN PATENTS.

48. The taking out a patent in a foreign country
■will not prejudice a patent previously obtained here.

49. Where a patent is applied for here, after the
same invention has been patented abroad, it will ex-
tend only fourteen years from the date of the foreign
patent. For this reason, such cases will be acted
upon out of their order, and as soon as the applica-
tion is completed.

50. Where an applicant seeks to make his a pre-
ferred case, in consequence of his having obtained a
foreign patent, he should temporarily file in the office
the patent so obtained, with the specifications (pro-
visional or complete) attached, or an authenticated
copy of them. But where such papers or copies
cannot be conveniently furnished, it will be sufficient
if the reasons of such inability be set forth by affi-
davit, and also the fact that a foreign patent has ac-
tually been obtained, giving its date, and showing
clearly that the invention so patented covers the
whole ground of his application here.

OF CAVEATS.

51. Any citizen can file a caveat in the secret ar-
chives of the office ; and if at any time within one
year thereafter, another person applies for a patent
for the same invention, the caveator will be entitled

25

to notice to complete his application, and to go intD
interference with the applicant for the purpose of
proving priority of invention and obtaining the pa-
tent, if that fact be established. (Sec. 1 1.)

52. The caveator will not be entitled to notice of
any application pending at the time of filing his
caveat, nor of any application filed after the expira-
tion of one year from the date of filing his caveat,
unless he renews his caveat at the end of one year,
by paying a second caveat fee. This will continue
his caveat in full force for one year longer, and so on
from year to year, as long as the caveator desires.

53. A caveat need not contain as particular a de-
scription of the invention as is requisite in a specifi-
cation ; but still the description should be sufficiently
precise to enable the office to judge whether there is
a probable interference when a subsequent applica-
tion is made.

54. Caveat papers cannot be withdrawn from the
office, nor undergo alteration after they have been
filed; but additional papers relative to the invention
may be appended to the caveat, (their date being
noted,) provided they are merely amendatory of the
original caveat.

55. In the case of supplementary papers to any
original caveat, the right to notice in regard to the.

26

subject of those papers expires with the caveat;
and any additional papers not relating to the in-
vention to which the caveat refers, will receive no
notice.

5Q. The caveator, or any other person properly
authorized by him, can at any time obtain copies of
the caveat papers at the usual rate.

57. The caveat should be accompanied by a
drawing or sketch of the invention.

58. The caveat fee cannot be applied to the appli-
cation when completed. (Sec. 39.)

59. The following w^ill give a general idea of the
proper form of a caveat :

To the Commissioner of Patents :

The petition of John McRae, of Enterprise, in
the county of Clark, and State of Mississippi,

Respectfully represents^ That he has made certain
improvements in the mode of constructing steam
boilers, and that he is now engaged in experiments
for the purpose of perfecting the same, preparatory
to his applying for letters patent therefor. He
therefore prays that the subjoined description of his
invention may be filed as a caveat in the secret ar-
chives of the patent office, agreeably to the provi-
sions of the act of Congress in that case made and
provided, he having paid ten dollars into the Trea-

27

sury of the Confederate States, and otherwise com-
plied with the requirements of the said act.

John McRae.
Enterprise, July \st, 1861.

Annexed should be a description of the general
principles of the invention, so far as it has been
completed.

OF THE REPAYMENT OF MONEY.

60. Money paid by actual mistake will be refunded ;
but a mere change of purpose after the payment has
been made will not enable the person to obtain his
money and withdraw his papers.

OF ASSIGNMENTS.

61. An inventor can assign his entire right before
a patent is obtained, so as to enable the assignee to
take out the patent in his own name ; but the assign-
ment must first be recorded, and the specifications
sworn to by the inventor.

62. After a patent is obtained, the patentee may
assign the right to make or use the thing patented in
any specified portion of the Confederate States
(sec. 10) ; but no assignment to specified portions of
the Confederate States, made prior to obtaining the-
patent, will enable the assignees to take out the pa-
tent in their names.

28

63. Every assignment should be recorded within
three months from its date.

64. When the patent is to issue to the assignee,
the entire correspondence shouki be in his name.

65. The receipt of assignments will not be ac-
knowledged by the office. They will be recorded in
their turn as soon as possible after they are received,
and sent to the persons entitled to them.

66. An assignment of a patent granted by the
United States, whether of the entire or of a partial
interest,bonafide made before the fourth of February,
1861, to a citizen of the Confederate States, or of
the States of North Carolina and Tennessee, will
continue the patent, or such interest therein as is as-
signed, in full force far the term for which it was
issued yet unexpired, on certain conditions. These
conditions are, that such assignment shall be recorded
in this office ; that a descriptive drawing (and model,
if necessrry,) sufficient to explain and identify the
subject matter of the patent to which the assignment
refers, shall be deposited in the office ; and that a
duty of twenty dollars, together with the cost of re-
cording the papers, shall be paid by the assignee
within nine months from the 28th of May, 1861.

67. Form of an assignment of the entire interest

29

in letters patent before obtaining the same, and to
be recorded preparatory thereto :

Whereas I, John Doe, of in the

county of and State of

have invented certain new and useful improvements
in plows, for which I am about to make applica-
tion for letters patent of the Confederate States :
and whereas George Davis, of in the

county of in State of

has agreed to purchase from me all the right, title
and interest which I have or may have in and to the
said invention, in consequence of the grant of let-
ters patent therefor, and has paid to me, the said John
Doe, the sum of ten thousand dollars, the receipt of
which is hereby acknowledged :

Now, this indenture witnesseth, that for and in
consideration of said sum to me paid, I have assigned
and transferred, and do hereby assign and transfer
to the said George Davis the full and exclusive right
to all the improvements made by me, as fully set
forth and described in the specification which I have
prepared and executed preparatory to obtaining let-
ters patent therefor. And I do hereby authorize
and request the Commissioner of Patents to issue the
said letters patent to the said George Davis, as the
assignee of my whole right and title thereto, for the

30

sole use and behoof of said George Davis, and his
legal representatives.

In testimony whereof, I have hereunto set my
hand and ajffixed my seal this first day of December.
1861.

John Doe. [Seal.]
Sealed and delivered in
presence of

Richard Fox.
Stephen Fry.

The above form can easily be changed, if only a
partial right in a patent be assigned and not the
whole interest.

OF THE OFFICE FEES, AND HOW PAYABLE.

68. Nearly all the fees payable to the patent
office are positively required by law to be paid in
advance. For the sake of uniformity and conve-
nience, the remaining fees will be required to be
paid in the same manner — that is to say, before the
labor is performed for which they are to be received
in payment.

The following is the tariff of fees established by
law. No discrimination is made as between the
citizens of the Confederate States and aliens, when
the governments of the latter make no discrimina-

• 31

tion against our citizens, have recognized our inde-
pendence, and arc in amity with us :

On filing every caveat, _ _ _ $10 00

On filing each original application for a pa-
tent, except for a design, - - -

On issuing each original patent,

On ever}'^ appeal to the attorney general,

On special applications for the reissue of a
patent, as provided for in sections 12 and
17 of the law, _ . _ .

On other applications for the reissue of a pa-
tent, if there be such, - . _

On filing an application for a patent for a de-
sign, for the term of three and one-half
years, _ _ - - -

On filing an application for a patent for a de-
sign, for the term of seven years, -

On filing an application for a patent for a de-
sign, for the term of fourteen years,

On filing each disclaimer, _ - -

For revalidating or reviving patents granted
by the United States to citizens of this
Confederacy, _ _ _ _

For recording such patents, per hundred
words, -----

For certified copies of patents and other pa-
pers, per hundred words, - - -

For recording every assignment, agreement,
power of attorney, and other papers of
three hundred words or under, - - 1 00

For recording every assignment and other

20

00

20 00

25

00

20

00

30

00

10 00

15

00

20

00

10 00

20 00

0

10

0

10

paper, over three hundred words and un-
der one thousand words, - - - 2 00

For recording every assignment and other

writing, if over one thousand words, - 3 00

For copies of drawings, the reasonable cost
of making the same.

69. The office having no franking privilege, appli-
cants must remit a sum of money to pay for post-
age— for distances under 500 miles, one dollar ; over
500 miles, two dollars. (Act August 30, 1861.)

70. It is recommended that the money for the
payment of fees be deposited with the public officers
•designated in a previous article, the applicant taking a
certificate and remitting the same to this office. When
this cannot be done without inconvenience, the mo-
ney may be remitted by express or by mail, at the
risk and cost of the owner ; and in every instance the
letter accompanying the money should state the ex-
act amount enclosed.

71. In case of deposit made with the assistant
treasurers, or other persons authorized to receive
the money, a duplicate receipt should be taken,
•stating by whom the payment was made, and for
what purpose.

The certificate of deposit may be made in the fol-
lowing form :

33
Office of the

The Treasurer of the Confederate States has cre-
dit at this oflBce for dollars
deposited by of the town of
in the county of and State of
the same being the fee in an application for a patent
for an improvement in churns, (or whatever the thing
may be), made (or to be made) by said

A B .

Persons depositing money in this way, must for-
ward the receipt or certificate to this office as evi-
dence thereof. Bank notes or checks cannot be
received.

72. All money sent by mail from this office Avill
be at the risk of the owner. In no case should mo-
ney be sent enclosed with models.

73. All payments to and by this office must be
made in specie, or Confederate States Treasury
Notes.

TAKING AND TRANSMITTING MONEY, ETC.

74. Section 34 of the act requires the clerks of
the courts of the Confederate States for any district
or territory, on the application of any party to an
interference in the patent office, or his attorney, to

' 34

issue subpoenas for any witness residing or being
Tvithin said district or territory, commanding such
T\-itncss to appear and testify before any justice of
the peace or other officer authorized by law to take
depositions ; and the judge of the court whose clerk
shall issue such subpoena, is empowered and directed
to enforce obedience to the process. Eut no witness
can be required to attend at any place more than
forty miles from the place w^here the subpoena shall
be served upon him, nor unless his fees for going to,
returning from, and one day's attendance at the place
of examination, shall be paid or tendered to him at
the time of the service of the subpoena ; nor can a
witness be required to disclose any secret invention
made or owned by him. (Sec. 34.)

75. In contested cases, the following rules have
been established for taking and transmitting evi-
dence :

1st. That before the deposition of a w^itness or
witnesses be taken by either party, reasonable notice
shall be given to the opposite party of the time and
place when and wdiere such deposition or depositions
will be taken, so that the opposite party, either in
person or by attorney, shall have full opportunity to
cross-examine the witness or witnesses ; and such
notice shall, with iwoof of the service of the same, be

3o

attaclied to the deposition or depositions, ^vlietliei'
the party cross-examine or not ; and such notice
shall be given in sufficient time for the appearance
of the opposite party, and for the transmission of
the evidence to the patent office before the day of
hearing.

2d. That all evidence, &c., shall be sealed and ad-
dressed to the Commissioner of Patents by the per-
sons before whom it is taken, and so certified
thereon .

3d. That the certificate of the magistrate shall be
substantially in the following form, viz :

"I hereby certify that the depositions of A, B,
C, D, &c., relating to the matter of interference be-
tween E F and G H, were taken, sealed up and ad-
dressed to the Commissioner of Patents by me.

" J L ,

^'Justice of the Peace. '^^

4th. That ifo evidence touching the matter at issue
will be considered upon the said day of hearing,
which shall not have been taken and filed in compli-
ance with these rules : Provided, that if either party
shall be unable, for good and sufficient reasons, to
procure the testimony of a witness or witnesses with-
in the stipulated time, then it shall be the duty of.

36

said party to give notice of the same to the Com-
missioner of Patents, accompanied by statements,
under oath, of the cause of such inability, and of the
steps which have been taken to procure said testi-
mony, and of the time or times when efforts have been
made to procure it ; which last mentioned notice to
the Commissioner shall be received by him previous
to the day of hearing aforesaid.

76. The notice for taking testimony must be
served, by delivering to the adverse party a copy.
If he cannot be found, such service may be made
upon his agent or attorney of record, or by leaving
a copy at the party's usual place of residence, with
some member of the family who has arrived at the
years of discretion.

It must be annexed to the deposition, with a cer-
tificate, duly sworn to, stating the manner and time
at which the service was made.

77. The testimony must (if either party desires
it) be taken in answer to interrogatories — having
the questions and answers committed to writing, in
their regular order, by the magistrate, or under his
direction, by some person not interested in the
issue, nor the agent or attorney of one who is.
The deposition, when complete, must be signed by
the witness.

i

37

78. The magistrate must append to the deposition
his certificate, stating the time and place at which
it was taken, the names of the witnesses, the admin-
istration of the oath, at whose request the testimony
was taken, the occasion upon which it is intended to
be used, the names of the adverse parties, and
whether they were present.

79. No notice will be taken, at the hearing, of any
merely formal or technical objection, unless it may
reasonably be presumed to have wrought a substan-
tial injury to the party raising the objection ; nor
even then, unless as soon as that party became aware
of the objection, he immediately give notice thereof
to this office, and also to the opposite party, inform-
ing him at the same time that, unless corrected, he
should urge his objection at the hearing.

80. The following forms are recommended for ob-
servance in the taking of depositions :

A B, being duly sworn, doth depose and say, in
answer to interrogatories proposed to him by C D,
counsel for E F, as follows, viz. :

1st interrogatory. AVhat is your name, your resi-
dence and occupation ?

1st answer. My name is A B. I am a carpenter,
and reside in Mobile, Alabama.

38

And in answer to cross interrogatories proposed
to him by G. H, counsel for J K, as follows, viz. :

1st cross interrogatory, etc.

(Signed) A B .

State of Alabama, County of Mobile, ss :

At Mobile, in said county, on the
day of A. D. 186 , before me, per-

sonally appeared the above named A B, and made
oath that the foregoing deposition, by him subscribed,
contains the whole truth and nothing but the truth.

The said deposition is taken at the request of E
'F, to be used upon the hearing of an interference
between the claims of the said E F and those of J
K, before the Commissioner of Patents of the Con-
federate States, at his office, on the day of
next. The said J K was duly notified,
.as appears by the original notice hereto annexed,
.and certified by me.

L M ,

Justice of the Fcace.

The magistrate must then seal up the deposition
when completed, and endorse upon the envelope a
certificate, according to the form prescribed in sec-
tion 75, and sign it.

RULES OF CORRESPONDENCE.

81. All correspondence must be in the name of

i

39

the Commissioner of Patents ; <and all letters and
other communications intended for the office must be
addressed to him. If addressed to any of the other
officers, they will not be noticed, unless it should
be seen that the mistake Avas owing to inadver-
tence.

82. When an agent has filed his power of attor-
ney, duly executed, the correspondence will, in or-
dinary cases, be held with him only. A double cor-
respondence with him and his principal, if generally
allowed, would largely increase the labor of the
office. For the same reason, the assignee of the en-
tire interest in an invention will b3 alone entitled to
hold correspondence with the office, to the exclusion
of the inventor. If the principal becomes dissatis-
fied, he must revoke his poAver of attorney, and no-
tify the office, wdiich will then communicate with
him.

OF THE FILING AND PRESERVATION OF PAPERS.

83. All claims and specifications filed in this
office (including amendments) must be written in a
fair, legible hand, without interlineations or era-
sures, except such as are clearly stated 'in a mar-
ginal or foot note written on the same sheet of pa-
per. If they are not, the Commissioner may direct
them to be printed at the expense of the applicant,
(Sec. 38.)

40

84. Every paper filed in the office must be en-
dorsed in such a manner as to show its general cha-
racter on the outside. It must also show the exact
date on which it was filed. But where several papers
which are all filed at one and the same time, are per-
manently fastened together, one *' filing" for the
whole will be sufficient.

Letters going on the files of any particular case
must, in addition to the filing above directed, be en-
dorsed with the name of the writer and date when
written.

(The above rule is intended for the guidance of
the employees in this office alone.)

85. All papers thus *' filed" will be regarded as
permanent records of the office, and must never, on
any account, be changed, further than to correct
mere clerical mistakes.

OF AMENDMENTS.

86. All amendments of specifications or claims
must be made on separate sheets of paper from the
original, and must be filed in the manner above di-
rected.

Where amendments are required, the papers
themselves will be generally returned to the appli-
cant ; but it will be only to enable him to make
those amendments so as to be in harmony with the

41

context. Even where the amendment consists in
striking out a portion of the specification or other
paper, the same course should be observed. No era-
sure must be made. The papers must remain for-
ever just as they were when filed, so that a true
history of all that has been done in the case may
be gathered from them.

87. The following are given as specimens of the
forms proper to be observed in such cases :

** I hereby amend my specification, by inserting
the following words after the word in

the line of the page thereof; [here

should follow the words that are to be inserted] or,
*' I hereby amend my specification, by striking out
the line of the page thereof;" or ^' by

striking out the first and fourth claims appended
thereto ;" or whatever may be the amendment de-
sired by the applicant.

88. The forms of other amendments will readily
suggest themselves. In each case the exact words
to be struck out or inserted should be clearly de-
scribed, and the precise point where any insertion
is to be made.

89. Where papers are returned to the applicant
for amendment, the original papers must in all cases

42

be returned to the office for preservation, together
with the amendments.

90. In some cases amendments will be permitted 1
to be made by writing out the entire paper anew ;
but even when this is done, the original paper must
be returned and preserved.

91. No paper will be allowed to be taken from this
office unless receipted for, or unless a written re-
quest be filed by the party entitled to control the
case, nor until all interlineations and erasures are
clearly noted on the paper in such manner as to pre-
vent the possibility of any change being made with-
out the certainty of immediate detection.

RULES FOR RECONSIDERATIOX.
The fallowing rules will be strictly observed, ex-
cept when, for cause shown, in special cases, a modi-
fication shall be allowed :

92. Upon the rejection of an application for a pa-
tent for the want of novelty, the applicant will be
furnished with references to the cases on which the
rejection was made, and with a brief explanation of
the rejection.

Previous to the second examination of any case
which has once been rejected, the applicant must re-
new, in substance, the oath originally filed with his
specification.

43

But the applicant, without renewing liis oath, may
come before the proper examiner, between two and
three o'clock P. M. on any Monday, Wednesday or
Friday of the week, and may then point out any
mistake or oversight on the part of the office, Avhich
will be cheerfully corrected ; but if the alleged er-
ror of which he complains is, in tlic judgment of the
examiner, upon the merits of the application, and
can only be made apparent by a re-examination of
the case, the applicant cannot be heard to insist
upon its correction, without a renewal of the oath
of invention.

Should there be a second rejection after a re-ex-
amination, the applicant may in person or by his
agent, or in writing, bring the matter before the
Commissioner, who will examine the case in person.
The decision of the Commissioner will bo final, so
far as the action of this office is concerned. The
only remaining remedy will bo by appeal to the At-
torney General.
OF GIVING OR WITHHOLDING INFORMATION.
93. Aside from the caveats which are required by
law to be kept secret, all pending applications will
be, as far as practicable, preserved in like secrecy.
No information will therefore be given to those en-
quiring whether any particular application for a pa-

44

tent is before tlie office, or whether any particular
person has applied for a patent.

94. But information will be given in relation to
any case after a patent has issued, or after a patent
has been refused, and the further prosecution of the
application is abandoned.

The models in such cases will be so placed as to
be subject to general inspection. The specifications
and drawings in any particular case can be seen by
any one having particular occasion to examine them;
and copies thereof, as well as of patents granted,
will be furnished to any one willing to pay the bare
expense of making them. Copies will be made on
parchment, at the request of the applicant, upon his
paying the additional cost.

95. Even after a case is rejected, the application
will be regarded as pending until after the decision
of an appeal thereon ; but if a party whose appli-
cation is filed, shall fail to complete it, so that it can
be examined within two years after the filing of the
petition, it Avill be regarded as abandoned, and the
invention to which it refers dedicated to the public,
unless it be shown, to the satisfaction of the Com-
missioner, that such delay was unavoidable ; and all
applications pending prior to the 21st May, 1861,

45

the day of the passage of the patent law, will be
treated as if filed thereafter. (Sec. 42.)

96. In all cases where the specification shall be
withdrawn from the ofiice, and retained by the appli-
cant or his agent for the space of six months, an
abandonment will be presumed, at least so far that
the invention to which it relates will not be protect-
ed by any rule of secrecy.

97. Information in relation to pending cases will
be given so far as it becomes necessary in conduct-
ing the business of the office, but no further. Thus,
when an interference shall be declared between two
pending applications, each of the contestants will be
entitled to a knowledge of so much of his antago-
nist's case, as to enable him to conduct his own un-
derstandingly.

And where the rejection of an application shall
be founded upon another case previously rejected,
but not abandoned, the rejected applicant will be
furnished with all information in relation to the pre-
viously rejected case which is necessary for the pro-
per understanding and management of his own.

98. When an applicant claims a certain device,
and the same device is found described but not
claimed in another pending application which was
previously filed, information of the filing of such

46

second application will always be given to tlie prior
applicant, with a suggestion that if he desires to
claim a patent for that device, he should forthwith
modify his specification accordingly.

99. But where the application which thus describes
a device without claiming it shall be subsequent in
date to that wherein such device is claimed, the gene-
ral rule will be that no notice of the claim in the
previous application will be given to the subsequent
applicant. But v/here there any special reasons to
doubt whether the prior applicant is really the in-
ventor of the device claimed, or where there are any
other peculiar and sufficient reasons for departing
from, the rule above stated, the office reserves to it-
self the right of so doing without its being re-
garded as a departure from the established rule.

100. The office cannot respond to enquiries as to
the novelty of an alleged invention, in advance of
an application for a patent in manner pointed out in
this pamphlet, for obvious reasons; nor to enquiries
founded upon brief and imperfect descriptions pro-
pounded wuth a view of ascertaining whether such
alleged improvements have been patented ; and if so,
to whom ; nor can it act as an expounder of the pa-
tent law, nor as counsellor for individuals, except as
to questions arising within the office.

47

101. All business with the oflficc must be trans-
acted in rrriting, unless by the consent of all par-
ties, and the action of the office will be based exclu-
sively on the written record. No attention will be
paid to any alleged verbal promise or understanding
in relation to which there is any disagreement or
doubt. RUFUS n. RHODES,

Commissioner of Fate ids.
Confederate States Patent Office, August, 18G1.

IISTIDEX.

Sections.
Amendments.

Of specifications or claims, how made and

filed, 86

Forms of amendments, - - - 87, 88

Original papers with amendments must be

returned to office, - - - 89

Amendments made by writing out papers

anew, ----- 90

"Where papers returned for amendment,

precautions to be used, - - - 91

Appeals.

Applicant may appeal to Commissioner af-
ter second rejection by examiner, - 33
Mode of appeal, - - - - 34

Application for Patent. (See Patent.)

Assignments.

Of entire interest before patent granted, 61

Assignments for specified portions of Con-
federate States after patent granted, - 62
When to be recorded, - - - .63
When patent is to issue in name of assignee

the correspondence should be in his name 64, 82

Receipt of, not generally acknowledged, - 65

"When returned to persons entitled to them 65

By whom an assignment of United States

patent may be continued in force, and for

what term, - - - _ 66

Sections.
"What necessary to be done to continue

them in force, - - - - G6

Fees requii^ed in such cases, - - 66

Form of assignments, - - - 67

Attorney or Agent.

Not recognized as such until power is filed, 28

Caveats.

Who maj file a caveat, - - _ 51

Fee, amount, and when paid, - - 68, 51

Cannot be applied to complete application, 58

When caveator is entitled to notice to com-
plete his application and go into inter-
ference, - - - - - 51
When not entitled to notice, - - 52
May renew his caveat from year to year by

paying additional fees, - - - 52

Description required in caveat, - - 53

Caveat papers once filed cannot be with-
drawn or altered, - - - 54
Additional papers may be appended, date

being noted, when - - - 5-1

AYhen right to notice expires in regard to
subject of papers filed supplementary to
original caveat, - - - - 55

Additional papers not relating to invention

of first caveat, how treated, - - 55

Who may obtain copies of caveat papers, 66

Should be accompanied by a drawing or

sketch, ----- 57

Form of caveat, - - - - 59

Correspondence.

All correspondence in the name of the

Commissioner, - - - - 81

Correspondence with principal or agent
not admissable, - - - - 82

4

Ill

Sections.

Designs^

Application for patent, how made, - 46

May be for diflcrent terms of years, - 46

Forms of petition, specification and oath, 47
Fee for three and one-half, for seven, and

for fourteen years, - - - 65

No model required, if the design can be

sufficiently represented by drawings, - 46

Disclaimer.

When filed, 44

Form of, ----- 45
When made by original patentee must be

so expressed, - - - - 45

Drawings. What kind required - 19

Examination.

Applications will be examined in the order

in which they are completed, - - 26

Exceptions, ----- 26

Amendments of defective specifications

and drawings, - - - - 27

Personal attendance of applicant not ne-
cessary, . - - ~ » 28"
Attorney must file power, - - - 28
When application finally decided papers

retained by the office, - - - 29

Copies, on what terms furnished, - - 29

Patent, to whom sent, - , - 30

Fees, Office, and how payable.

Fees required to be paid in advance, - 68

Tariff of fees fixed by law, - - 68
Advisable to deposit fee with authorized

officer^ - - - - - . 68

Money t6 coVer postage to be dejiOsited, 6^

IV

Sections.

>

May be remitted by mail or express at

risk and cost of owner, - - 70

Letter should state amount enclosed, , 70

Duplicate receipt, when required and what

specifying, . . _ . y^

Officers authorized to receive fees on ac-
count of Treasurer of C. S. A., _ 24
Certificate of deposit, form of, - - 71
Certificate to be forwarded to office, - 71
All money sent by mail at risk of owner, 72
Money not to be enclosed with model, - 72
All payments to be in specie, or C. S, Trea-
sury Notes, _ _ _ ^ y^
Filing and Preservation of papers.

Claims, specifications and amendments filed,

how written, - _ _ _ ^o

Mode of endorsement of papers filed, - 84

Papers filed regarded as permanent records 85

Only changed to correct clerical mistakes, 85

Foreign Patents. (Sec Patents Foreign.)

Information, giving or withholiding.

Pending applications, how far secret. - 03

Given in case of patent issued or patent

refused and application abandoned, - 94

When models, specifications and drawings

open to inspection, - - - 94

How long application regarded as pending

after rejection, - - - - 95

When information given in pending cases, 97

When interference is declared between two

pending cases, - - _ _ q^

When rejection is founded upon case pre-
viously rejected but not abandoned, - 97
When device is found described, but not
claimed in pending application previous-
ly filed, - - - _ _ 98

Sections.

General rule where application describing
device is subsequent in date to one in
which device is claimed, - - 99

^ Exceptions to general rule, - - 99

All business should be transacted in writing 101

Action of office to be based on written

record _____ 101

No attention paid to alleged verbal pro-
mises, etc., _ _ _ _ 101

Office cannot respond to questions in ad-
vance of application for patent, nor act
as an expounder of the law nor as coun-
sellor, 100

Interferences.

When granted, _ - - - 35

Days fixed for closing testimony and hear-
ing causes, _ _ _ _ 35

Arguments of counsel to be filed before

day of hearing, - - _ - 36

Course pursued when postponement is de-
sired, _____ 37

Models.

"When required, - - - 20

Officers authorized to receive Fees.

Assistant C. S. A. Treasurer and others, 21

Patent.

What will prevent the granting of a patent, 7

The mere fact of a prior invention abroad

will not prevent the issue of a patent, - 8

Mode of proceeding to obtain a patent, - 9

Application, by whom made, _ _ 9

Must be in writing, signed by inventor and

addressed to Commissioner, - - . 10

Petition, usual form of - - - 10

VI

Sections.
Specification, '. " n

The precise invention must beset forth in, 11

When claimed as a mere improvement on,
or as substantially differing from another
invention, - - - - 11

Two or more machines not to be the sub-
ject of one patent, - - - 12
By whom signed, - - - - 13
Should describe the sections of drawings,
and refer by letters and figures to the
different parts, - - - - 13
Forms of, • - - - - 13
Should be signed and attested, - - 14

Oath,

Who must make, - - . - - IG

Form of ----- 15

Before whom it may be taken, - - 10

When taken in a foreign country, - - 17

Drawings, - - - - - 18

Should generally be in perspective, - 18

When in plans, sections or details, - 18

Duplicate drawings required, - - 19

How executed, - - - - 19

Should be signed and attested, - - 19

Model, - - _ - . 19

How made, ----- 20
The name of inventor (also of assignee, if

assigned) must be permanently affixed, 20
When the invention is of a composition of

matter, what required. - - - 21
Name to be affixed. - - - 21
What required before the filing or exami-
nation of an application is allowed, - 23
Patent — Foreign.

A foreign patent subsequently obtained

does not injure a previous patent here, - 48

Vfl

Sections;

The taking out a patent in a foreign coun-
tr}'- does not prevent the obtaining a pa-
tent here, provided, - _ _ 8

A patent subsequently obtained here ex-
tends from date of foreign patent, - 40

In case of foreign patent application here

acted on as soon as it is completed, - 57

Course to ])e pursued when applicant seeks

to make his a preferred case, - - 50

No discrimination as to fees against foreign

applicant, ----- 68

Patentee.

Who may obtain a patent, - - - 1

Assignees of entire interests, - - 2

Legal representatives of deceased inventor 8

Masters, if the inventor be a slave, - 5

Joint inventors entitled to joint patent, - 4

Petition. (See Patent.)
Reconsideration, KuLES fcr.

When application is refused applicant fur-
nished with references and explanation, 92
May reply in person or by agent before

examiner, when, - - - 92

Oath to be renewed before examination, ^ 92

After second rejection case heard by Com-
missioner in person, - - - 92
Decision of Commissioner final as to office 92
Final remedy by appeal to the Attorney

General, ----- 92

PtEISSUES,

When allowed, - . - ., 38

What may be the subject of reissue, - 39

AVhen reissued patent expires - - 40

Original claim may be revised, - - . 41

VIII

Sections.
Applicant may retain old patent, - 42

Form of application for reissue, - - 43

Form of oath, - - - - 43

Repayment of Money.

What money ^Yill be refunded, - - GO

Secret Archives.

How long an application on which a patent
has been ordered to issue may be re-
tained in, from day of such order, - 31

Specifications and drawings to be retained

in, when, - - - - - 31

Specification. (Sec Patent.)

Testimony, taking and transmitting.

Clerks of courts to issue subpoena, - 74

Judge to enforce obedience to summons, - 74
AVitness not compelled to go more than

fort}'- miles, - - - - 74
Nor unless certain fees are paid to him, - 74
Not required to declare secret inventions, 74
Ftules for taking and transmitting testi-
mony, - - . - . 75
Notice to opposite party, - - - 75
Evidence, &c. sealed and addressed to Com-
missioner, - - - - 75
No evidence to be considered, when, - 75
Form of certificate of magistrate for en-
velope, - - _ _ - 75
Notice, service of, - : - - 76
Notice must be annexed to deposition, - 70
How testimony to be taken, - - 77
Deposition must be signed by witness, - 77
Certificate of magiBtrate appended tb deptj-
^iti(5n, ... * . 78

IX

Sections.

Technical objections, how noticed at hear-

ing, - - - - - 79

Forms to be observed in taking depositions 80

Form of certificate of magistrate to be ap-
pended to deposition, - - - §0

Deposition must be sealed up and endorsed 80

United States Patents and Assignments

Can be revived only by citizens of Confe-
derate States, - - - - 0, 66
Conditions on which they may be revived, 0, 66

Witnesses.

How subpoenaed and their attendance en-
forced, ----- 74